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Recommendation 2193 (2021)
The implementation of judgments of the European Court of Human Rights
1. Referring to its Resolution 2358 (2021) on
the implementation of judgments of the European Court of Human Rights
(“the Court”), the Parliamentary Assembly welcomes the measures
taken by the Committee of Ministers to fulfil its tasks arising
under Article 46.2 of the European Convention on Human Rights (ETS
No. 5, “the Convention”) and improve the efficiency of its supervision
of the implementation of judgments of the Court. In particular it
welcomes the use of the procedures provided for in Article 46, paragraphs
3 to 5, of the Convention in the case of Ilgar
Mammadov v. Azerbaijan.
2. As the implementation of the Court’s judgments still presents
many challenges, the Assembly recommends that the Committee of Ministers:
2.1. continue to use all available
means (including interim resolutions) to fulfil its tasks arising
under Article 46.2 of the Convention;
2.2. use once again the procedures provided for in Article
46, paragraphs 3 to 5, of the Convention, in the event of the implementation
of a judgment encountering strong resistance from the respondent State;
however, this should continue to be done sparingly and in very exceptional
circumstances;
2.3. give priority to leading cases pending for over five years;
2.4. consider transferring leading cases examined under the
standard procedure and pending for over ten years to the enhanced
supervision procedure;
2.5. continue to take measures aimed at ensuring greater transparency
of the process of supervision of the implementation of Court judgments
and a greater role for applicants, civil society and national institutions
for the protection and promotion of human rights in this process;
2.6. continue to organise thematic debates on the execution
of the Court’s judgments during its meetings and consider organising
special debates on leading cases pending for over ten years;
2.7. continue to increase the resources of the Department for
the Execution of Judgments of the European Court of Human Rights;
2.8. continue to step up synergies, within the Council of Europe,
between all the stakeholders concerned, in particular the Court
and its Registry, the Parliamentary Assembly, the Secretary General, the
Commissioner for Human Rights, the Steering Committee for Human
Rights (CDDH), the European Commission for Democracy through Law
(Venice Commission), the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment (CPT) and
the Human Rights Trust Fund (HRTF);
2.9. regularly inform the Assembly about judgments of the Court
whose implementation reveals complex or structural problems and
requires legislative action;
2.10. rapidly finalise its evaluation of the reform of the Convention
system following the Interlaken High-Level Conference on the Future
of the European Court of Human Rights held in February 2010.